![]() |
![]() |
||
![]()
Office of |
|
|
Appeals of Office of Administrative Courts’ Orders In Workers’ Compensation Cases. Orders Subject to Appeal: A party dissatisfied with an order that requires any party to pay a penalty or benefits, or denies a claimant any benefit or penalty, may file a petition to review with the Administrative Law Judge (ALJ). Section 8-43-301, C.R.S. Petition to Review: The appeal is commenced by filing a written Petition to Review or Petition to Review and Transcript Request with the ALJ. · The Petition to Review or Petition to Review and Transcript Request may either be a completed form, or substantially similar form. To obtain the Petition form please call the Office of Administrative Courts at (303) 764-1400 or go to the Internet at: http://www.colorado.gov/dpa/OAC/pdf/PetitiontoReview.pdf or http://www.colorado.gov/dpa/OAC/pdf/PetitiontoReview-Transcript.pdf. · The Petition to Review or Petition to Review and Transcript Request must set forth, in detail, the particular errors in the order and the objections of the petitioner. · The Petition to Review or Petition to Review and Transcript Request must be filed within twenty days of the date the order was mailed according to the Certificate of Mailing on the order. · The Petition to Review or Petition to Review and Transcript Request may be mailed or hand delivered to the ALJ at the address given in the order, or if no address is given on the order, to the office of the ALJ who issued that order. The office address of the ALJ may be obtained by calling the Office of Administrative Courts at (303) 764-1400. If the Petition is mailed, the Certificate of Mailing on the Petition should indicate the office address to which the Petition was mailed. If mailed, the Petition will be deemed filed on the date mailed according to the Certificate of Mailing. · A copy of the Petition to Review or Petition to Review and Transcript Request must be mailed or delivered to the attorneys for all other parties, and directly to any party that is not represented by an attorney. The Certificate of Mailing, in addition to indicating the ALJ’s office to which the Petition was mailed, must also indicate where the Petition was mailed or delivered to the other parties to the case. · Transcript of the Hearing: If a transcript is to be included as part of the record on appeal, a Petition to Review and Transcript Request must be filed. · You must select the court reporter or transcriptionist. The court reporter or transcriptionist may not be a person with an interest in the case. You may either select one of the firms listed on the Petition to Review and Transcript Request form, or give the name and address of the court reporter or transcriptionist you select. The firms listed on the Petition to Review and Transcript Request form are willing to prepare the transcript for the per page rate set by the Colorado Supreme Court, and you will be required to pay a deposit before work begins. If you choose a different court reporter or transcriptionist, you must contact him or her in advance and agree on the per page rate and deposit amount. · If you are indigent and unable to pay for the cost of a transcript requested in connection with a Petition to Review, you may complete and file with the Division of Workers’ Compensation an “Application for Indigency Determination (Transcript)” form. A copy of that form is available on the Internet at: http://www.coworkforce.com/DWC/Forms_Hearings_Transcripts.asp, or by calling Customer Service at (303) 318-8700. The form must be filed on or before the date the Petition to Review and Transcript Request is filed. · The original of the transcript must be filed with the Office of Administrative Courts within 25 working days of the date the audio recording is sent to the court reporter or transcriptionist. You may request an extension of time to complete the transcript by filing a motion with the ALJ. If the original transcript is not timely filed, the request for the transcript will be withdrawn, a notice and briefing schedule will issue, and the matter will proceed without a transcript of the hearing. |